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Bankruptcy Rules Related Questions

When filing for bankruptcy there are many bankruptcy rules and laws that will need to be followed in order for the individual to legally file their bankruptcy claim and receive the most that is available to them. When filing for bankruptcy you may run into many problems that can cause many questions. If you feel as if you are not quite sure on which step to take the Legal Experts online can provide many legal answers for the bankruptcy rule questions. Read below where thousands of Legal Experts have answered the Bankruptcy rule questions.

Can a person file for a Removal under the Federal Bankruptcy Rule 9027 in the state of Texas to remove to New York where the individual has moved back to and need to file for adversary?

The Bankruptcy Rule 9027 relates to removing a case that is normally from the bankruptcy court back into the civil court. So what that means is if the plaintiff is suing the nonpayer in the civil court for personal injuries then the nonpayer filed bankruptcy, the plaintiff would file under the 9027 Bankruptcy Rule to have this case sent back to the civil court it would need to be taken by legal actions. With that being said this rule does no way relate to removing or moving a case from one bankruptcy court to another.

According to the United States Bankruptcy rules since a mortgage is not wiped out can a home equity line of credit that was listed on the debt filings? Also, is the home equity removed by the official court acceptance of filing bankruptcy or is it still open to responsibility?

According to the rules when filing bankruptcy the home equity line of credit is normally dealt with the same as the first mortgage. Along with the home equity line of credit and the first mortgage are holds on the property. The Bankruptcy Chapter 7 filing would have removed their personal responsibility on the home equity but not on the hold against the property. What this means is that if the property were to be foreclosed, the lender would need to sell the property to please the debt but could possibly get a judgment against this person for not being pleased with part of the debt. All in all what this means is that this person cannot sell the property with no intention of paying the home equity line of credit in full.

If someone has a Rule 20(f) conference, what does this individual need to know or how to protect themselves if the Plaintiff is wants to carry out this meeting though telephone?

If this is the case, then the individual will have no responsibility to provide any significant evidence to the other attorney during this meeting. The purpose is to set certain dates for a breakthrough, periods of unavailability of each person and more than likely the most important purpose is to find out what the cutoff date will be, after this there will be no more breakthroughs that can be carried out. This is done in order to allow all those involved to gather up their evidence and get ready for the trial without being over whelmed at the last minute. The normal breakthrough for the cutoff will be 30 days before the date is set for trial by the court.

In the state of California according to the bankruptcy rules of procedure how would someone file a motion to resign from a discharge for filing reaffirmation agreement that was filed before the removal?

In this case the Bankruptcy Rule 1009 states that “a voluntary petition, list, schedule, or statement may be amended by the debtor as a matter of course at any time before the case is closed.” If the case has not been closed yet, this person will need to just file an amendment and then have this filed. The motion to resign is not a very likely process to do, what they may consider doing under the Bankruptcy rules is if the case is closed they could file a motion to have it reopened. Now, once again if the case is not closed then just file an amended schedule under the Bankruptcy rule 1009.

The federal bankruptcy rules can often lead a nonpayer or creditor into confusion and which could cause many questions to arise. If unaware of the many different bankruptcy rules contact the Experts online for more legal information.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2433
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
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Over 10 years of criminal defense practice.

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